U.S. District Court interprets state law.
The Defendants further claim that Perks does not allege when Shelby County erased or “wrote over” the relevant videotapes. “It is well settled that Illinois courts do not recognize negligent spoliation of evidence as an independent cause of action.” “An action for negligent spoliation can be stated under existing negligence law without creating a new tort.” Thus, negligent spoliation of evidence is a derivative action that arises out of other causes of action. Although there typically is no duty to preserve evidence, such a duty may arise through an agreement, a contract or a statute. In such cases, “a defendant owes a duty of due care to preserve evidence if a reasonable person in the defendant’s position should have foreseen that the evidence was material to a potential civil action.”
Perks v. County of Shelby, 2009 U.S. Dist. LEXIS 77575 (C.D. Ill. Aug. 31, 2009)(internal citations removed)